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Terry Mwango

Head of Litigation & Disputes | Nairobi

Terry-Mwango
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T: +254 20 503 1600

E: terry.mwango@bowmanslaw.com

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Overview

Terry Mwango heads our Litigation & Disputes practice in our Nairobi office.

She specialises in litigation, and arbitration and alternative dispute resolution. She represents a diverse portfolio of local and international clients before various courts and tribunals in commercial disputes involving a range of specialist practice areas, some of which are intellectual property, media and competition, defamation, banking and finance (insolvency and receivership), defamation, building and construction, environment, land and property, employment, product liability, medical negligence, judicial review, administrative law and constitutional law, public procurement, insurance and tax law.

Experience

  • Ericsson Kenya Limited in relation to a claim lodged by its former employee, Agnes Wathome in the Employment and Labour Relations Court (ELRC). The claim was for making deductions to the employee’s salary above the statutory allowed limit.
  • WPP Scangroup PLC in relation to obtain the leave of the court to allow public listed companies to hold virtual general meetings due to the imposition of restrictions against public gatherings in the wake of the covid-19 pandemic. Typically the Articles of Association of these companies have required that a physical meeting be held. This was the first application of its kind done in Kenya, which the court allowed.
  • Deloitte Consulting Tanzania in relation to Commercial Case No. 17 of 2019 CHC Global Operations Canada (2008) Inc. & Anor versus Deloitte Consulting Tanzania Limited, filed in Tanzania. CHC Global Operations Canada (CHC) sued Deloitte Consulting Tanzania Limited (Deloitte), alleging that Deloitte breached its terms of engagement and was negligent in allegedly failing to advice it accordingly in settlement negotiations with the Tanzania Revenue Authority. Provided support to our Tanzania office in the suit and settlement negotiations with CHC.
  • Advising Africa Oil Kenya BV in relation to an appeal to overturn a decision by the Tax Appeals Tribunal (“the Tribunal”) which held inter alia, that the company was liable to pay the Kenya Revenue Authority (KRA) USD 22,933,340.65. KRA issued an Agency Notice to the company’s banks, which sought to freeze the company’s accounts and have the money in the accounts paid to KRA.
  • Deloitte & Touche Tohmatsu Limited in relation to a suit filed against them for being allegedly vicariously liable for the professional services offered by Deloitte & Touche East Africa in auditing Chase Bank (In receivership), and allegedly causing financial loss to the Plaintiffs in the case.
  • Acting for Capwell Industries Limited in a suit filed by Unga Limited (the “Plaintiff”) in the High Court, Commercial and Tax Division.
  • Acting for various multinational corporations in intellectual property disputes in the High Court, Court of Appeal and tribunals.
  • Acting for the directors of a bank in receivership, in various suits in the High Court, that will set precedent on receiverships in Kenya.
  • Acting for Lufthansa Service Europa/Afrika GmbH & LSG Kenya Limited in two suits both of which will set precedent in Kenya in relation to inter alia, the ability of Advocates to claim copyright over commissioned works.
  • Acting for Mare Nostrum Limited in relation to a multi-million shilling building and construction arbitration dispute over the construction of a resort at the Kenyan coast.
  • Acting for a leading multinational telecommunications company in relation to a precedent-setting image rights and privacy rights case.
  • Acted for and successfully defended 5 cases filed against REA Trading Limited, a company incorporated in England and Wales, in respect of its bid to acquire all the ordinary shares of REA Vipingo Plantations Limited which were not already legally owned by it.
  • Acted for Grain Bulk Handlers Limited in a precedent-setting case brought under section 14 of the Arbitration Act, 1995; in relation to a multi-million dollar arbitration claim. The claim was successful.
  • Acted for and facilitated an out of court settlement between a leading multinational telecommunications company and certain of its former employees, in relation to an employment law dispute.
  • Acted for a shareholder and a director of East African Portland Cement Company Limited (“EAPCC”) a company listed on the Nairobi Securities Exchange in a Constitutional Petition involving consideration of whether EAPCC could decline to recognise and uphold the election of a Director.
  • Acted for and defended two suits filed against Samruddha Resources Kenya Limited and other third parties, challenging the grant of an exclusive prospective mining licence over Kishushe Ranch which is situated at the Kenyan Coast.
  • Acted for and facilitated an out of court settlement in a labour dispute filed by certain employees of a multinational oil company, seeking to challenge a change in the company’s shareholding alleging inter alia, that it constituted constructive dismissal.
  • Acted for two oil companies in arbitrations instituted against Kenya Pipeline Company for inter alia, non-delivery of oil products that the oil companies had imported through Triton Petroleum Company Limited (In Receivership) under the October 2008 oil industry import. Both oil companies were compensated.
  • Acted for a leading aviation company in a judicial review action seeking to set aside standards published by the Kenya Bureau of Standards (KEBS) purporting to regulate aircraft tyres. Aircraft tyres were at the time of publication of the contentious KEBS standards, already being regulated by the ISO standards and regulations under the Civil Aviation Act. The KEBS standards were set aside by the court.
  • Acted for a leading health provider in a successful appeal challenging a decision of the Medical Practitioners & Dentists Board by which the Board made orders against the health provider despite the fact that no charges had been laid against the health provider by the Board.
  • Acted for a leading multinational oil company in a constitutional petition filed by the Consumer Federation of Kenya (COFEK) challenging the increase of fuel prices and alleging conspiracy by oil marketing companies to inflate fuel prices. The petition was dismissed.
  • Acted for one of Kenya’s top hospitals in an arbitration involving a building and construction dispute.
  • Acted for Kenya’s leading energy provider in an arbitration related to building and construction dispute. Both parties were partially successful.
  • Acted for a leading security firm in the East African region in a trade mark infringement case filed against a local security firm. The case was settled out of court.
  • Acted for various companies in complaints filed before the Anti Counterfeit Agency including facilitating out of court settlements and/or destruction of counterfeit goods.

Awards

  • Chambers and Partners recognised Terry as an Up and Coming lawyer for Dispute Resolution in Kenya for two consecutive years (2021-2022) and in Band 4 in 2023 and 2024.

‘Terry Mwango provides clear advice, is very helpful in planning ahead and has a good sense of timelines.’ – Chambers and Partners, 2024

AREA OF EXPERTISE

Corporate Investigations Dispute Resolution Employment and Benefits Intellectual Property Pharmaceuticals and Healthcare Restructuring

Qualifications

  • BA and LLB degrees from the University of Notre Dame, Australia.
  • Graduate Diploma in Law from the College of Law, Sydney, Australia.
  • Postgraduate Diploma from the Kenya School of Law.
  • She is qualified to practice as a solicitor in Australia (NSW) and an advocate in Kenya.
  • Leading Professional Services Firms Programme run by Saïd Business School at the University of Oxford, United Kingdom (2021).

INSIGHTS

Harnessing Africa’s free trade agenda – AfCFTA Protocol on the Settlement of Disputes Kenya: Bill to Give Employees the ‘Right to Disconnect’ passed by the Senate Kenya: High Court rules a creditor cannot seek recovery against a guarantor after purchasing the charged property of a chargor Kenya: Legitimate expectation does not arise in a fixed term contract and non-renewal of a fixed term contract cannot constitute unfair termination Kenya: The Office of the Data Protection Commissioner issues decisions in the determination of complaints Kenya: Bowmans Secures a Landmark Win for Renowned Global Drug Manufacturer, Cipla Limited Kenya: Mandatory vaccination of employees in Kenya is possible Kenya: High Court Determines the Right to Access to Information from State Bodies and the Enforcement of Contractual Non-disclosure Clauses Kenya: The Employment (Amendment) Act, No. 15 of 2022 Kenya: The Employment (Amendment) Bill 2021 Kenya: Kenya Energy Sector Update: Presidential Taskforce Releases its Recommendations! Kenya: Minimum tax declared unconstitutional Employment Act – “At will” termination of probationary contracts is unconstitutional East Africa Quarterly and Monthly Newsletter Kenya: High Court temporarily suspends Minimum Tax Kenya: Public Participation on the draft Data Protection Regulations Kenya: Termination of franchise agreements for failure to uphold operational standards permitted The year in review – Recent tax developments in Kenya Arbitration Rules, 2020 Tax Amnesty – The Voluntary Tax Disclosure Programme Non-listed Public Banks can now hold virtual general meetings Convening General Meetings for public listed companies during Covid 19 pandemic: Bowmans Unlocks Conundrum Newsletter on the publication of the Public Health (Prevention, Control and Suppression of Covid-19) Rules, 2020 and declaration of infected areas in Kenya Dissolution of a company as a remedy for Trade Mark Infringement Housing Fund Levy – Court suspends the Levy The enforcement of foreign arbitral awards in Kenya: The decision reinforces the importance of adhering to the governing law clauses in agreements Procurement law in Kenya can be perplexing, with plenty of red tape

Overview

Terry Mwango heads our Litigation & Disputes practice in our Nairobi office.

She specialises in litigation, and arbitration and alternative dispute resolution. She represents a diverse portfolio of local and international clients before various courts and tribunals in commercial disputes involving a range of specialist practice areas, some of which are intellectual property, media and competition, defamation, banking and finance (insolvency and receivership), defamation, building and construction, environment, land and property, employment, product liability, medical negligence, judicial review, administrative law and constitutional law, public procurement, insurance and tax law.

Experience

  • Ericsson Kenya Limited in relation to a claim lodged by its former employee, Agnes Wathome in the Employment and Labour Relations Court (ELRC). The claim was for making deductions to the employee’s salary above the statutory allowed limit.
  • WPP Scangroup PLC in relation to obtain the leave of the court to allow public listed companies to hold virtual general meetings due to the imposition of restrictions against public gatherings in the wake of the covid-19 pandemic. Typically the Articles of Association of these companies have required that a physical meeting be held. This was the first application of its kind done in Kenya, which the court allowed.
  • Deloitte Consulting Tanzania in relation to Commercial Case No. 17 of 2019 CHC Global Operations Canada (2008) Inc. & Anor versus Deloitte Consulting Tanzania Limited, filed in Tanzania. CHC Global Operations Canada (CHC) sued Deloitte Consulting Tanzania Limited (Deloitte), alleging that Deloitte breached its terms of engagement and was negligent in allegedly failing to advice it accordingly in settlement negotiations with the Tanzania Revenue Authority. Provided support to our Tanzania office in the suit and settlement negotiations with CHC.
  • Advising Africa Oil Kenya BV in relation to an appeal to overturn a decision by the Tax Appeals Tribunal (“the Tribunal”) which held inter alia, that the company was liable to pay the Kenya Revenue Authority (KRA) USD 22,933,340.65. KRA issued an Agency Notice to the company’s banks, which sought to freeze the company’s accounts and have the money in the accounts paid to KRA.
  • Deloitte & Touche Tohmatsu Limited in relation to a suit filed against them for being allegedly vicariously liable for the professional services offered by Deloitte & Touche East Africa in auditing Chase Bank (In receivership), and allegedly causing financial loss to the Plaintiffs in the case.
  • Acting for Capwell Industries Limited in a suit filed by Unga Limited (the “Plaintiff”) in the High Court, Commercial and Tax Division.
  • Acting for various multinational corporations in intellectual property disputes in the High Court, Court of Appeal and tribunals.
  • Acting for the directors of a bank in receivership, in various suits in the High Court, that will set precedent on receiverships in Kenya.
  • Acting for Lufthansa Service Europa/Afrika GmbH & LSG Kenya Limited in two suits both of which will set precedent in Kenya in relation to inter alia, the ability of Advocates to claim copyright over commissioned works.
  • Acting for Mare Nostrum Limited in relation to a multi-million shilling building and construction arbitration dispute over the construction of a resort at the Kenyan coast.
  • Acting for a leading multinational telecommunications company in relation to a precedent-setting image rights and privacy rights case.
  • Acted for and successfully defended 5 cases filed against REA Trading Limited, a company incorporated in England and Wales, in respect of its bid to acquire all the ordinary shares of REA Vipingo Plantations Limited which were not already legally owned by it.
  • Acted for Grain Bulk Handlers Limited in a precedent-setting case brought under section 14 of the Arbitration Act, 1995; in relation to a multi-million dollar arbitration claim. The claim was successful.
  • Acted for and facilitated an out of court settlement between a leading multinational telecommunications company and certain of its former employees, in relation to an employment law dispute.
  • Acted for a shareholder and a director of East African Portland Cement Company Limited (“EAPCC”) a company listed on the Nairobi Securities Exchange in a Constitutional Petition involving consideration of whether EAPCC could decline to recognise and uphold the election of a Director.
  • Acted for and defended two suits filed against Samruddha Resources Kenya Limited and other third parties, challenging the grant of an exclusive prospective mining licence over Kishushe Ranch which is situated at the Kenyan Coast.
  • Acted for and facilitated an out of court settlement in a labour dispute filed by certain employees of a multinational oil company, seeking to challenge a change in the company’s shareholding alleging inter alia, that it constituted constructive dismissal.
  • Acted for two oil companies in arbitrations instituted against Kenya Pipeline Company for inter alia, non-delivery of oil products that the oil companies had imported through Triton Petroleum Company Limited (In Receivership) under the October 2008 oil industry import. Both oil companies were compensated.
  • Acted for a leading aviation company in a judicial review action seeking to set aside standards published by the Kenya Bureau of Standards (KEBS) purporting to regulate aircraft tyres. Aircraft tyres were at the time of publication of the contentious KEBS standards, already being regulated by the ISO standards and regulations under the Civil Aviation Act. The KEBS standards were set aside by the court.
  • Acted for a leading health provider in a successful appeal challenging a decision of the Medical Practitioners & Dentists Board by which the Board made orders against the health provider despite the fact that no charges had been laid against the health provider by the Board.
  • Acted for a leading multinational oil company in a constitutional petition filed by the Consumer Federation of Kenya (COFEK) challenging the increase of fuel prices and alleging conspiracy by oil marketing companies to inflate fuel prices. The petition was dismissed.
  • Acted for one of Kenya’s top hospitals in an arbitration involving a building and construction dispute.
  • Acted for Kenya’s leading energy provider in an arbitration related to building and construction dispute. Both parties were partially successful.
  • Acted for a leading security firm in the East African region in a trade mark infringement case filed against a local security firm. The case was settled out of court.
  • Acted for various companies in complaints filed before the Anti Counterfeit Agency including facilitating out of court settlements and/or destruction of counterfeit goods.

Awards

  • Chambers and Partners recognised Terry as an Up and Coming lawyer for Dispute Resolution in Kenya for two consecutive years (2021-2022) and in Band 4 in 2023 and 2024.

‘Terry Mwango provides clear advice, is very helpful in planning ahead and has a good sense of timelines.’ – Chambers and Partners, 2024

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